Court refuses to overturn bulletproof vest law

[MNeagle]

WASHINGTON – The Supreme Court on Monday refused to hear a challenge against a federal law making it illegal for criminals to own bulletproof vests. The appeal had questioned Congress' lawmaking ability under the Commerce Clause.

The high court refused to hear arguments from Cedrick B. Alderman, who was convicted under a federal law making it illegal for convicted criminals to own body armor that has been sold across state lines.

Congress passed that law in 2002, citing its authority under the Commerce Clause to regulate interstate commerce.

Alderman was convicted of armed robbery in 1999. Police caught him with a bulletproof vest in 2005, and he was sentenced to prison for 18 months.

Alderman challenged the law, saying it exceeded Congress' power to regulate interstate commerce under the Commerce Clause. The 9th U.S. Circuit Court of Appeals in San Francisco upheld the conviction and sentence.

The Supreme Court refused to hear Alderman's appeal.

Justice Clarence Thomas and Antonin Scalia said they would have heard the case.

Not hearing the case "threatens the proper limits on Congress' commerce power and may allow Congress to exercise police powers that our Constitution reserves to the states," Thomas said.

The case is Alderman v. United States, 09-1555.


http://news.yahoo.com/s/ap/20110110/ap_on_re_us/us_supreme_court_bulletproof_vests

[joe_momma]

If I recall the case properly - the guy's challenge was that the law was so confusing it could not be expected that a person could comply - the lack of standard ratings from the manufacturers was at issue.

I may have confused two cases, but the one I am thinking of forbade ex-convicts from possessing higher level vests (Class 3 and above?) - they could still have the lower level vests.

Am I recalling the correct case?

[MNeagle]

No idea, I just thought it was an absurd law to begin with, & it caught my eye.

[willie pete]

IF I'm not mistaken, I think it's an extra felony charge if you have a Vest on AND you're commiting a robbery (armed robbery, bank robbery etc....)

[mike88]

Are soldiers with a criminal record being charged? Hasn't congress anything better to do, like passing a balanced budget,or calling for indictment of the war criminals who invaded iraq? 15% approval rating, the schmucks wonder why......................

[Ponce]

The did allowed a back door with this words.....illegal for convicted criminals to own body armor that has been sold across state lines............ so, if you got it in your state it is then "legal".